[Board members, staff, or persons attending the meeting may submit or present written or oral requests unrelated to items on the agenda, including requests to amend the agenda to add or re-order items. A new item involving substantive matters of potential public interest may be added to the agenda only for the purposes of referring it to the staff or a committee or scheduling it for consideration at a later meeting.]

3. Consent Agenda - Mr. Terry Yeargan, Chair

[These are items proposed to be approved by unanimous consent - without discussion, and in accord with a submitted recommendation. They are limited to preliminary subdivision plans recommended for approval by the Land Development Administrator and not involving a variance, and items where a Planning Board committee unanimously recommends approval and concurs with the staff recommendation. If any Board member objects to unanimous consent approval of any item below (whether because of disagreement with the recommendation or a wish to discuss the matter further), the Chair will declare the item removed to an appropriate place on the agenda for separate discussion.]

a. [S-14-02] Preliminary Subdivision Plan for Paschall Subdivision (Cluster): Proposal to subdivide an area of 70.321 acres, zoned R-40W, situated between Jenkins and Purnell Road, west of Wake Forest in the northern part of the County, into 66 lots as a cluster subdivision. PIN 1832.03-41-0851 - recommended for approval subject to the following conditions:

1. Undeveloped open space shall be retained in a begetated or natural state as per section 3-4-3(G) and this will be specified in restrictive covenants that will be recorded with record plats;2. Impervious surface requirements shall be met;3. Phasing plan shall meet standards at construction plan phase as required by ordinance;4. Lots 42, 43 and associated septic drain field easements will need to meet zoning and environmental services standards or be redesigned to do so and;5. The proposed sections of Dun Loring Drive, Melcombe Way and Blue Ravine Road will be built to connect to the existing roads in adjacent subdivisions.

4. Rezonings -

[These are petitions to amend the County's Zoning Map to reclassify land from one zoning district to another, thus subjecting the site to a different set of zoning regulations. The Planning Board reviews these petitions in an advisory capacity, recommending that the Board of Commissioners either approve or deny the petition. The Board must base its recommendation on whether or not the proposed rezoning is consistent with the County's Land Use Plan and otherwise advances the public health, safety, and general welfare.]

a. [ZP-801-01] South Side of Poole Road: (At its July 18, 2001 meeting, the Planning Board reviewed the proposed rezoning and voted unanimously to recommend denial.At its October 15, 2001 meeting, the Board of Commissioners delayed action on this proposal, at the request of the applicant, to allow for revisions.)

Proposal to rezone 9 acres from Residential-30 to Conditional Use-Indutrial-2. Located on the southwest side of the intersection of Poole Road and Hodge Road, both roads classified as major thoroughfares, applicant's revised conditions provide that the subject tract shall be recombined with an adjacent I-2 tract to the north, buffer yards shall be established on the site which are no less than 100 feet in width, and upon NCDOT approval, the entrance to the auto salvage yard on Poole Road shall be reconfigured and improved with landscaping.

b. [ZP-814-02] West Side of Rolesville Road: Proposal to rezone 9.05 acres from Residential-30 to Conditional Use-Heavy Commercial District. Located on the west side of Rolesville Road, a major thoroughfare, northwest of its intersectin with Robertson Pond Road, the applicant's proposed conditions limit the use of the property to an office building and the storage of vehicles and equipment for a well drilling company. The proposal incorporates standards, which address stormwater management.

c. [ZP-816-02] North Side of US 64 Business: Proposal to rezone 7.55 acres from Residential-30 to Conditional Use-Industrial-1. Located northwest of NC 97 and north of US 64 Business, both roads major thoroughfares, the applicant's proposed conditions limit the use of the property to industrial uses including: administration, research, manufacturing, processing, fabrication, assembly, freight handling, storage, distribution, and similar operations. In addition, child day care centers/homes are allowed. Other uses allowed subject to a special use permit include: banks, restaurants, and other business district uses consistent with the requirements of an Industrial District. Also, the proposal incorporates standards, which address stormwater management.

[These are applications for approval of preliminary plans for the division of land into lots, which are reviewed for compliance with standards set forth in the County's Subdivision Ordinance. If the plan complies with all applicable standards, the Board must approve it; if not, the Board must either deny it or approve it with conditions specifying actions that will ensure such compliance. These applications may be accompanied by applications for hardship variances from the Subdivision Ordinance's standards, which must be decided before review of the preliminary subdivision plan. The Planning Board may grant a variance only after it hears evidence as to hardships due to the land or parcel, makes findings of fact supported by the presented evidence, and, based on those findings of fact, concludes that: (a) strict application of the relevant standard would prohibit subdivision of the parcel in accord with the spirit and intent of the Subdivision Ordinance because of extraordinary circumstances peculiar to the parcel; (b) the variance is necessary to avoid extraordinary and unnecessary hardship; and (c) the variance will not result in detriment to the public interest or violate the intent and purpose of the Subdivision Ordinance. The applicant bears the burden of presenting sufficient evidence to allow the Board to make findings of fact and reach the required conclusions.]

II. Proposed Preliminary Subdivision Plan: Proposal to subdivide an area of 137.85 acres, zoned R-40W and R-80W, situated on the north side of Purnell Road and extending northeast across Mangum Dairy Road, into 75 lots as a cluster subdivision. It is about 1 mile from the northern Wake County boundary line and mid-way between Wake Forest and NC Highway 50 North. Staff recommends denial based on two issues:

1. Staff requested that a 50-foot easement which can be made public or private in the future be shown and deeded to the Marvin Sykes northern tract. This should also include 10-foot temporary construction easements on either side of the 50-foot easement; and2. Staff also feels that the division does not meet the intent of a cluster subdivision in a Water Supply Watershed. The cluster provisions encourage lots and development sites be concentrated in upland areas and, to the maximum extent practicable, away from surface waters and drainageways, and the remainder of the site is retained in a vegetated state. Lots 23, 24, 45, 62-64, 66-68, and 70 all include sections of drainageway buffers and these should be contained in the permanent open space.

If the subdivision plan is approved by the Planning Board, staff recommends that the following conditions be applied:

1. A 50-foot easement will be deeded to northern Sykes property to enable a public or private road to be constructed at a future time with 10-foot temporary construction easements on each side;2. A 50-foot easement to the northwest will be deeded to Dillard property to enable a public or private road to be constructed at a future time with 10-foot temporary construction easements on each side;3. A note will be added to future maps that does not allow direct driveway access from lots 1 and 30 to Purnell Road;4. The use of each sectino of Permanent Open Space will be listed and comply with Section 3-4-3(E)(2) of the Subdivision Ordinance;5. Flood hazard soils will comply with the Zoning Standards and Wake County Sedimentation and Erosion Control staff will confirm this with the approval of construction plans;6. A variance will be approved on section 3-4-8(D)(9), Cul-de-sac Road Length;7. The are in any split-zoned lots is to conform to each zoning district to the percentages listed or it will meet the standard at time of recording on the final plat; and8. Access to Permanent Open Space shall be shown at regular intervals on any future plans.

b. [S-12-02] Preliminary Subdivision Plan for Holland Downs: (Only if Subdivision Committee completes its review.) Proposal to subdivide an area of 24.54 acres, zoned R-30, situated west of Holland Road and Highway 55 South about 1.5 miles from the southern Wake county boundary line and east of Fuquay-Varina, into 19 lots as a cluster subdivision. Staff recommends denial based on:

1. Staff opinion that the division does not meet the intent of a cluster subdivision. The cluster provisions encourage subdivision design that is more efficient and better suited to natural features of the land by allowing smaller lots to be concentrated in areas best suited to accommodate development with the least adverse impact; and2. The road network should remain as designed or with the same stubs for Cluster or Lot-by-Lot Subdivision, as it encourages the development of a local road network.

If the subdivision plan is approved by the Planning Board, staff recommends that the following conditions be applied:

1. A 50-foot private eastment to the east will be deeded to adjacent owners to enable a public or private road to be constructed at a future time and designed to not include the drainageway easement;2. Lot 19 will be designed to have driveway access outside of the flood hazard soils; and3. The use of each sectin of Permanent Open Space will be listed and comply with Section 3-4-3(E)(2).

II. Section 3-4-8(C)(3)(b), Private Road Standards requirement that the driving surface must be at least 16 feet wide - Request for variance from Section 3-4-8(C)(3)(b), Private Road Standards requiring driving surfaces to be at least 16 feet wide. The petitioner's alleged hardship is based on the fact that access to Tract 3A is from a private road. Therefore, "the owners are not able to construct a public road. Their only option is to convert their existing driveway into a private road."

[These are reports unrelated to items of business on the agenda, i.e. matters concerning disposition of matters previously considered by the Board, matters likely to demand Board consideration in the near future, status of ongoing projects, etc.]